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HomeMy WebLinkAbout1996-05-13 96-210 RESOLVECOUNCIL ACTION 96-2I0 Item No. Date May 13, 1996 Item/Subject: Ratifying Execution of Municipal Quitclaim Dead - 1001 Union Street, Tax Map R24, Lot 11 Sewer Account No. 066-077-1 Responsible Department: Legal Commentary: The attached Council Resolve would ratify the City Manager's execution of a Municipal Quitclaim Deed releasing the city's interest in the former Rustler Steakhouse property located at 1D01 Union Street, arising out of three late -discharged sewer liens, The liens concerned were recorded on June 7, 1994, and matured an December 7, 1995. Except for a small ($8.21) interest balance, the Rustler sewer account was paid in full on November 7, 1995, but discharges of the 1994 liens were not recorded until February, 1996. Due to the late recording of the lien discharges, a quitclaim deed was required to clear title. The deed attached to the Council Resolve w,executed by the City Manager i advance of City Council approval, s to a real estate closing held on April 24, 1996. Associated Information: Resolve, Owed Department Head Finance Director Introduced For Consent Agenda _X Passage First Reading Referral Page _� of 3 96-210 Asalgned to Councilor Seucy Mny 11, 1996 CITY OF BANGOR (TITLE.) Iue,. .Ratif.i Execution ....Y._!`B.._recu.__.__._..._.._......_.2_..._3......_.._..._......_..._.._. of Munici al uitclaim Deed 1001 Union Street, Tax Map R24, Lot 11 -- Sewer Account No. aa6.:aziM.a.... ....... ..... .... ...... _.... ... .._............ _.... _.... ... .... ... _...... _.._............. ......... 6_.6 ... 66. BV Ne City Ca Of City ofRaAW.- BBBDLV D. THAT the action of the City Manager in executing and delivering a Municipal Quitclaim peed, a copy of which is attached hereto, releasing title to land at 1001 Union Street, is hereby ratified and confirmed. IN CITY COUNCIL May 13, 1996 Passed CLEW 96-210 8 E S 0 L V E SurFfyio Execution f Municipal Quit-. VJ. m Deer , M.'eat, Tax Map R24, Lot 11 - Sever Account No. 066-0]]-1 m MEMORANDUM July 29, 1996 TO: Gail Campbell, City Clerk FROM: Terri Corey, Legal Department RE: Council Orders #96-212 and #96-309 In accordance with the above Council Orders passed on May 13 and July 8, enclosed for your permanent records please find copies of the executed Municipal Quitclaim Deed and Agreement between the various parties involved. If you have any questions, please call me. to Enclosures pc: Mark Marquis, Code Enforcement I- MUNICIPAL QUITCLAIM BEER The CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine, located in Bangor, Penobscot County, Maine, as Grantor, for consideration paid, releases to PAUL BARON of Banger, Penobscot County, Maine, Grantee, as successor in interest to George L. T50ulas, Trustee Of the GEORGE L. TSOULAS TRUST, a certain lot Or parcel of land with buildings thereon situated in Bangor, Penobscot County, Maine, more particularly bounded and described as follows: The two story double tenement house, ell and stable located at Nos. one hundred forty-four (144) and one hundred forty-six (146) Cumberland Street, with the lot on which said buildings stand, being fifty-two (52) feet by one hundred thirty-two (132) feet more or less; and being the same premises described as follows in the deed from Ida S. Byer to Joseph A. Byer, dated January 4, 1909, and recorded in Book 793, Page 142: "Beginning at an iron bolt on the north line of Cumberland Street eighty-two feet east of the east line of Pine Street, at the southwest corner of the lot conveyed to Susan L. Farrar by the heirs of Nathaniel Lord by deed recorded in Penobscot Registry of Deeds Vol. 381, page 315; thence northerly parallel with said Pine Street one hundred and thirty-two feet and seven inches to a iron bolt at the line between the parcel hereby conveyed and land of F. W. Hill; thence easterly on said line forty-one feet and three inches to an iron bolt at the westerly line of a strip of land conveyed by W. R. Foster to E. A. Marden by deed recorded in said registry, Vol. 352, page 59; thence southerly on said line and parallel with the Budge line, so called, fifty-two feet to the northerly line of the passageway leading westerly to Pine Street; thence westerly on said passageway sixteen feet and four inches to an iron bolt where the center line of the double tenement house standing on said lot, extended, intersects said passageway, thence southerly through the center of said house eighty-one feet to Cumberland Street; thence westerly on the northerly line of Cumberland Street twenty-five feet to the place of beginning. Subject, however, to all existing right of other parties to pass over said ten foot passageway, this deed being made subject to all such existing rights whatever they may be. ALSO another certain parcel of land with the buildings thereon, situated on Cumberland Street, in said BANGOR, and bounded as follows, viz: Beginning on the north side of said Cumberland Street one hundred and seven feet from the corner of Pine and Cumberland Streets, thence northerly through the center of a double tenement house formerly owned by Alden Avery seventy-one feet; thence easterly on a line parallel to Cumberland Street sixteen feet; thence southerly to Cumberland Street; thence westerly sixteen feet to the bounds first mentioned, together with my right t0 a ten foot passageway on the northerly side of said lot always to be kept open. Also my right to a ten foot passageway on the easterly side of said lot." Being the se premises conveyed by Herbert C. Emple, Guardian of Lawrence S Mildred V. Emple Heirs, by Guardian's Deed dated May 21, 1970 and recorded in volume 2186, Page 110, Penobscot Registry of Deeds. Further reference may be had also to a Warranty Deed from George L. Tsoulas to George L. Tattles, Trustee under agreement dated August 31,. 1990 and recorded in Volume 4788, Page 258. Any and all other rights, easements, privileges and appurtenances belonging tothe granted estate are hereby conveyed. The purpose of this deed is to release to the Grantee any interest the Grantor may have in the above-described property by virtue of tax and sewer liens recorded in the Penobscot Registry of Deeds and listed in Schedule "A" attached hereto. All public easements or other public interests in the described premises for roads, sewers, or other purposes are expressly reserved. The said CITY OF BANGOR has caused this instrument to be Baled with its corporate seal, and signed in its corporate n e by EDWARD A. BARRETT, City Manger, thereunto duly authorized, this 25th day of July, 1996. Signed, Sealed and Delivered in the Presence of CITY OF BANGOR (By) ward A. Barrett Its City Manager STATE OF MAINE PENOBSCOT, as. July 25 , 1995 Then personally appeared the above-named EDWARD A. BARRETT, City Manager of the City of Bangor, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, OAg Notary Publi Printed Ouse:ZE C CORE% My Commission Expires: IAA?1/94 I a SCHEDULE A 1. Tax lien against Katie S. Emple Et Als JT, in the amount of $418.96, committed July 17, 1970 and recorded May 18, 1971 in Book 2213, Page 551. 2. Tax lien against George L. Tsoulas, in the amount of $266.95, committed July 16, 1971 and recorded June 1, 1972 in Book 2273, Page 143. 3. Sewer lien against George L. Tsoulas Trust, in the amount of $118.00 plus interest, dated May 12, 1994 and recorded June 7, 1994 in Book 5643, Page 113. 4. Sewer lien against George L. Tsoulas Trust, in the amount of $128.64 plus interest, dated May 12, 1994 and recorded June 7, 1994 in Book 5643, Page 114. 5. Sewer lien against George L. Tsoulas Trust, in the amount of $302.90 plus interest, dated May 12, 1994 and recorded June 7, 1994 in Book 5643, Page 115. 6. Sewer lien against George L. Tsoulas Trust, in the mount of $197.64 plus interest, dated May 12, 1994 and recorded June 7, 1994 in Book 5643, Page 116. 7. Sewer lien against George L. Tsoulas, in the amount unt of $368.50, committed July 24, 1994 and recorded May 4, 1995 in Book 5847, Page 256. S. Tax lien against George L. Tsoulas Trust, in the amount of $2,399.02, committed July 6, 1994 and recorded June 12, 1995 in Book 5876, Page 218. 9. Sewer lien against George L. Tsoulas, in the amount of $41.46, committed November 20, 1994 and recorded September 29, 1995 in Book 5959, Page 13. 10. Tax lien against George L. Tsoulas Trust, in the amount of $1,559.53, committed July 1, 1995 and recorded June 5, 1996 in Book 6141, Page 20. This AGREEMENT made this 25th day of July, 1996 between CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine, and PAUL BARON, of Bangor, County of Penobscot, State of Maine, and GEORGE L. TSOULAS TRUST, a trust by virtue of the laws of the State of Maine, 9I T aESa IT R: WHEREAS, the City of Bangor currently is the Owner of property formerly owned by George L. Teoulas Trust located at 144-146 Cumberland Street, Bangor, Maine, by virtue of the statutory foreclosure of matured undischarged property tax and sewer liens; and WHEREAS, Paul Baron desires to purchase 144-146 Cumberland Street from George L. Tsoulas Trust; and WHEREAS, the property at 144-146 Cumberland Street i currently placarded and in violation of numerous City of Bangor Ordinances, NOW, THEREFORE, the parties hereby agree: 1. George L. Toddled Trust shall release its interest in the property to Paul Baron, in accordance with those parties' separate agreement. 2. The City of Bangor shall release its interest in 144-146 Cumberland Street to Paul Baron as successor in interest to the George L. Tsoulas Trust. Prior to the City's release, Paul Baron shall pay or cause to be paid all unpaid real estate and personal property taxes, sewer charges, lien charges and interest, through and including FY 1996 taxes and FY 1996 sewer charges, assessed by the City of Bangor against the property at 144-146 Cumberland Street. 3. Paul Baron shall rehabilitate the property to comply with theB.O.C.A. property maintenance code, the City of Bangor electrical code and the City of Bangor plumbing code. 4. The property shall have no more than four (4) residential units. 5. The porches on the property shall be removed. 6. Said rehabilitation shall be completed within eighteen (18) months. ]. Paul Baron shall obtain all necessary permits from the appropriate agencies prior to commencing work. _ 8. The City of Bangor shall agree to a reasonable extension of the deadline referred to in paragraph 6 above when necessitated by any condition constituting force ma jests. Unless so extended, the City of Bangor shall be entitled to specific enforcement of this agreement upon any failure of Paul Baran to complete the required work as scheduled. This paragraph shall not limit the right of the City to initiate a land use enforcement action under Rule 80E, M.R.Civ.P., for any violation of the City's codes remaining uncorrected beyond the scheduled completion date or extended completion date, if extended. IN WITNESS WHEREOF, the parties have hereunto set their hands .the day and year first written above.' CITY OF BANGOR (BY) (Title) city {ganag r -PAUL BARON 1-0�tJ40A. GEORGE L. TSOULAS TRUST George L. Taoulas, Trustee MUNICIPAL QurrcLAM DEED 96-210 The Inhabitants of the Municipality of Borger, a body politic and corporate, located in Pembscm County, Maine, for consideration paid, release to Daniel T. Longfellow, Thomas A. Longfellow road Hollis B. Condon, all right, title and interest in and to the land, together with the buildings Hereon, situate in Bangor, Pontifical County, Maine, described in said liens as follows: All right, title and interest in and to the land, together with any buildings thercon, designated as Map RtIA, Lot IIA an dive his maps for the City of Bangor, Maine, acquired undtt and by virtue of undischarged sewer has liens, including, without linhadan, the fallowing: a. Sew" Lion Certificate recorded lune 7, 1994, in the Peoobs[m County Begiary of (keds in Book 5643, Page 297; b. Sewer Lim Certificate recorded lune 7, 199, in said Registry in Book 5643, Page 298: C. Sewer Lien Certificate recorded lune 7, 199, in said Registry in Book 5643, Page 299; and The purpose of this deed IS m release any interest the grantor may have in the ahave- described parcels of land by virtue of the above-refttmced recorded sewer cox liens, all of which were paid and drambarged of record after matwity. In witness whermf, the Inhabitants of the Municipality of Bangor have roused this; inumarend to be signal in its corporate name and sealed by its undersigned officer, duty authorized, His a41h day of April, 1996. Warner U%//-r61 q¢� Lr Penobscot County Bl oGtanls oof� the Municipality of Bangor YY�dNLLK By r 111"1ll�]3dIAl`aIq Its Q7 14oneqE Eft re l�. b if Prim or type name as aigved Apra, 1996 Personally appeared the above-named eots .vrsl A Iil&ti� ff��11=Orta Gvr of the Municipality of forgot, Maine, and acknowledged before methe forego'mg ire o if hisnher free act sM deed in hither said capacity and the fix as and deed of said behabhm[s of the Municipality of Bangor. �6W ( Memsy-Pn46a'Attortrc AACLaaro Erik ,N,t/mp�e� Prim or type IM signed cixiaamwmeoim.